When a party is stalling in discovery, the proper response is to file a Motion to Compel. Durham had plenty of opportunities to do so before a month before the start of the trial.
I won’t pretend to know the rationale behind durham’s decision not to compel it earlier, but none of us can pretend the defense hasn’t been playing games with all of their motions and strategies these several months now.
Add to it the fact that durham did request those emails in September of last year, and the fact that the judge agrees he is entitled to those documents, yet refuses to let them in as part of the prosecution shows more than a whiff of corruption if you ask me.
The judge understands how this all works, and he knew that durham requested those emails WAAAAYYY back in September of last year.
The judge is also aware that sussman has gone from claiming he acted alone to now having multiple entities file motions on his behalf saying he was representing them, and claiming privilege over those emails, even though representatives from those same entities have repeatedly testified that they were not doing legal work on his behalf.
And then the judge says “hey, you can have them, but you can’t use them”.
But the judge did know all of that other stuff.
Like i said though. It’s okay. Let’s get this started.
Negotiations broke off on January. He should have filed the motion shortly after that. He waited until April. It was too close to trial. He had to know that.
From marc elias’ congressional testimony in December 2017:
From Page 20 MR. GOWDY: How many employees does Fusion GPS have?
MR. ELIAS: I don’t know. MR. GOWDY: How many of them are attorneys?
tvlR. ELIAS: I don’t know.
MR. GOWDY: Well,** you used the phrase legalservices,** which has a
pretty specific meaning to me and you, which means if you’re not a lawyer you
probably ought not be doing it. MR. ELIAS: Well, they weren’t providing legal services.
MR. GOWDY: But that’s the phrase you used, that you were looking for
someone to provide legalservices. MR. ELIAS: lf I said, then I misspoke. I don’t think I said that.
UNCLASSIFfED, COMMITTEE SENSITIVE
PROPERTY OF THE LTNITED STATES HOUSE OF REPRESENTATIVES
We were discussing sussman’s and company’s never-ending back and forth on whether or not he was acting on his own or on behalf of a client, and the resulting motions filed by entities such as fusion gps regarding the emails the judge just ruled on.